AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

REVITAL GADELOV, ETC., ET AL., PLAINTIFF-RESPONDENTS, JOHN HOPPER, ET AL., APPELLANTS, v. TZIPORAH F. SHURE, ET AL., DEFENDANTS-RESPONDENTS.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

A motion to consolidate pursuant to CPLR 602(a) rests in the sound discretion of the court. Absent a showing of prejudice to a substantial right by a party opposing the motion, consolidation should be granted where common questions of law or fact exist. In addition, where actions commenced in different counties are consolidated pursuant to CPLR 602, the venue should be placed in the county where the first action was commenced, unless special circumstances exist, which in the sound discretion of the court, warrant placement of venue elsewhere (see, Mattia v. Food Emporium, 259 A.D.2d 527; McDutchess Bldrs. v. Dutchess Knolls, 244 A.D.2d 534; Rodgers v. Worrell, 214 A.D.2d 553; Gomez v. Jersey Coast Egg Producers, 186 A.D.2d 629). In this case, we find no basis to disturb the Supreme Court's decision to consolidate the actions in Kings County.

Use AI to get other relevant cases.

Comments

GADELOV v. SHURE
(Jul 3, 2000)